HAJARA Vs. UDAYAN

JUDGEMENT

(1.) Claimants are the appellants. The appeal is filed against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P. (MV) No. 1993 of 1994. They claimed a total compensation of Rs. 2,60,000 under various heads for the death of the husband of the claimant No. 1 and the father of claimant Nos. 2 to 5 in a motor accident. The Claims Tribunal awarded a total sum of Rs. 1,89,000. Not being satisfied with the award claimants have filed this appeal.

(2.) Learned counsel appearing for the appellants submitted that the annual income fixed and the multiplier applied by the Tribunal are very low. He submitted that, at any rate, the Tribunal was not justified in limiting the compensation for the loss of dependency at Rs. 1,50,000 when it was found that the appellants are entitled to an amount of Rs. 1,72,800 under that head. He further submitted that the reason stated by the Tribunal in this regard is contrary to the decisions of the Supreme Court and of the High Courts. Though this appeal was not admitted, in view of the nature of the contentions raised, we have also heard Mr. Mathews Jacob, learned counsel appearing for the insurance company.

(3.) On 27.4.1994, while Aboobaker, the husband of the claimant No. 1 was riding a motor cycle bearing registration No. KL 7 B 2546 with one lymukunju as pillion rider on the Kakkanadu-Kumarapuram Road from east to west, a lorry bearing registration No. KRK 818 driven by the respondent No. 1 came from the opposite direction and dashed against the motor cycle. The husband of the claimant No. 1 and the pillion rider sustained severe injuries and later succumbed to death. Deceased Aboobaker was aged 47 at the time of accident. The claimant No. 1 was aged 40 years. The other claimants were aged 23, 21, 20 and 18 years respectively. They claimed a total sum of Rs. 2,60,000 under various heads such as for pain and suffering, loss of love and affection, loss of dependency, etc. The Claims Tribunal taking note of the fact that the deceased died on the very day of the accident awarded a conventional amount of Rs. 5,000 towards pain and suffering which according to us does not call for any interference. Similarly, the Tribunal has awarded a sum of Rs. 10,000 towards loss of love and affection which according to us is reasonable and hence no interference is called for.